NEED FOR A REFUGEE LAW IN INDIA: A CRITICAL ANALYSIS

AUTHOR – R. RAMPRAKASH* & SREE LAKSHMI.B**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – R. RAMPRAKASH & SREE LAKSHMI.B, NEED FOR A REFUGEE LAW IN INDIA: A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 771-772, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

India has historically been a major host to refugees, offering shelter to diverse populations fleeing persecution and conflict. Despite this humanitarian tradition, the absence of a dedicated refugee law has resulted in an inconsistent and discretionary framework governed primarily by the Foreigners Act, 1946. This paper critically examines the legal vacuum in India’s refugee protection regime, the role of constitutional provisions and judiciary, and the necessity for a comprehensive statutory framework. It argues that a codified refugee law is essential to ensure uniformity, protect human rights, and balance national security with humanitarian obligations.

Keywords: Refugee Law, India, Non-Refoulement, Human Rights, Foreigners Act, Article 21